Appellate Division: Second Judicial Department

M191429

E/sl

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2014-09690 Wand, Powers & Goody, LLP, plaintiff/ counterclaim-defendant-respondent, v Marie Yuliano, defendant/counterclaim-plaintiff- appellant. (Index No. 29026/12)

DECISION & ORDER ON MOTION

Motion by the counterclaim defendant-respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated August 27, 2014, on the ground that the record on appeal is inadequate, or to enlarge the time to serve and file a brief. Separate motion by the plaintiff-respondent to dismiss the appeal on the ground that the record on appeal is inadequate. Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion by the counterclaim defendant-respondent which is to dismiss the appeal and the motion by the plaintiff-respondent are granted to the extent that on or before June 1, 2015, the appellant shall (1) insert the tables of contents annexed to the opposition papers as Exhibits B and C in the copies of the record and the appellant's brief filed with the Clerk of the Court, and (2) serve two copies of a supplemental record containing Exhibit C to the motion to dismiss the counterclaim on the attorney for the counterclaim defendant-respondent and serve two copies on the attorney for the plaintiff-respondent as well as file nine copies with the Clerk of this Court, and (3) serve one additional copy of the record on the attorney for the counterclaim defendant-respondent and one additional copy of the record on the attorney for the plaintiff-respondent, and that branch of the motion by the counterclaim defendant-respondent and the motion by the plaintiff-respondent are otherwise denied; and it is further,

ORDERED that the branch of the motion by the counterclaim defendant-respondent which is to enlarge the time to serve and file its brief and the application by the plaintiff-respondent for that relief are granted, the time of the counterclaim defendant-respondent and the plaintiff-respondent to serve and file their respective briefs is enlarged until July 1, 2015, and the briefs of the counterclaim defendant-respondent and the plaintiff-respondent must be served and filed on or before that date.

ENG, P.J., HALL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court